Tellado v. United States, No. 11-3227 (2d Cir. 2014)Annotate this Case
Defendant appealed the denial of his motion under 28 U.S.C. 2255 to vacate, set aside, or correct his sentence. Defendant challenged, among other things, the imposition of the career offender enhancement under the Sentencing Guidelines for two drug convictions under Connecticut law, which the court later determined in United States v. Savage, did not qualify as controlled substance offenses for enhancement purposes. The court held that when entering his guilty plea, defendant knowingly waived his rights to attack collaterally his sentence; the process by which the district court advised defendant of his rights to appeal and to attack collaterally his conviction did not constitute plain error; and the district court did not abuse its discretion when it denied defendant's motion to amend his petition to plead an ineffective assistance of counsel claim. Accordingly, the court affirmed the judgment of the district court.